beta
(영문) 수원지방법원 안산지원 2014.12.09 2014고단2609

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 3, 2014, at around 00:40 on June 3, 2014, the Defendant, at the residence of the victim D (the age of 60) in Ansan-si, Ansan-si, Masan-si, brought a dispute with the victim, women, and business issues that were drinking together and tried to stop the victim from being exposed to the excessive knife, which is a dangerous object on the drinking, and brought the victim to the left side where approximately two weeks of treatment is required.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of the Acts and subordinate statutes of the case-related photograph and diagnosis report

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Although the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are not less than the case of this case where the defendant suffered knife the loss of the victim by over-road, the defendant's mistake is against the defendant, the agreement is reached with the victim, the defendant leads to the crime of this case contingently, there is no criminal power other than twice the fine due to drunk driving, the relationship between the defendant and the victim, and all other sentencing conditions as shown in the argument of this case shall be considered.